BILL NUMBER: AB 861	CHAPTERED  07/26/99

	CHAPTER   179
	FILED WITH SECRETARY OF STATE   JULY 26, 1999
	APPROVED BY GOVERNOR   JULY 26, 1999
	PASSED THE SENATE   JULY 15, 1999
	PASSED THE ASSEMBLY   MAY 20, 1999
	AMENDED IN ASSEMBLY   MAY 6, 1999
	AMENDED IN ASSEMBLY   APRIL 14, 1999

INTRODUCED BY   Assembly Member Campbell
   (Coauthors:  Senators Johnson, Lewis, and Morrow)

                        FEBRUARY 24, 1999

   An act to amend Section 81149 of the Education Code, relating to
community colleges.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 861, Campbell.  Seismic safety standards.
   Existing law requires the Department of General Services to
supervise the design and construction of certain school buildings to
ensure that plans and specifications comply with specified structural
safety standards and to ensure that the work of construction has
been performed, in accordance with the approved plans and
specifications, for the protection of life and property.  Existing
law also requires the Department of General Services to pass upon and
approve or reject all plans for the construction, and in some cases,
the alteration of any school building subject to those provisions,
and to inspect the school buildings and the work of construction or
alteration that in its judgment is necessary or proper for the
enforcement of these requirements and the protection of the safety of
students, instructors, and the public.  These requirements are part
of the body of law known as the Field Act.
   Existing law also requires the governing board of each community
college district, when a specified examination of the structural
condition of any school building of the district has revealed that
the building is unsafe for use, to have prepared an estimate of the
cost necessary to make repairs to the building that are necessary,
or, if necessary, to reconstruct or replace the building so that,
when repaired or reconstructed, the building will meet structural
safety standards established in accordance with law.
   This bill would authorize a community college district to acquire
for use any facility previously used by the United States military
and closed by action of the federal Defense Base Closure and
Replacement Commission  if the governing board of the district finds
that specified conditions of the Field Act have been met.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 81149 of the Education Code is amended to read:

   81149.  (a) Notwithstanding any provision of law, a community
college district may acquire for use any facility previously used by
the United States military and closed as a result of action by the
federal Defense Base Closure and Realignment Commission, or purchase
any offsite building constructed prior to January 1, 1998 that meets
the structural requirements of the 1976 Uniform Building Code, or
subsequent additions to that code, but that does not meet the
requirements of Section 81130, for use as a school building, as
defined in Section 81130.5, if the governing board of the district
finds that all of the following conditions have been met:
   (1) A structural engineer has inspected the building or facility
and submitted a report to the governing board of the community
college district that certifies that the building or facility is in
substantial compliance with the requirements of this article, or
describes in detail any structural modifications necessary to render
the building or facility in substantial compliance with the this
article.  For purposes of this section, substantial compliance with
this article means that the building or facility is likely to resist,
without catastrophic collapse, earthquake forces generated by major
earthquakes of the intensity and severity of the strongest
experienced in California, but may experience some reparable
architectural or structural damage.  This requirement is satisfied if
the structural engineer affixes his or her seal of approval to the
report and he or she attests in that report that to the best of his
or her knowledge:
   (A) He or she has reviewed the design calculations, construction
documents, and the local government construction inspection records
of the building or facility, to the extent those items are available.

   (B) He or she has authorized testing and has observed or reviewed
the test results and the inspections of an adequate sample of the
structure's welds, anchor bolts, and other structural elements.
   (C) He or she has observed that the nonstructural elements,
including, but not limited to, light fixtures, heating, and
air-conditioning diffusers are adequately braced or anchored.
   (2) The governing board of the community college district shall
forward the report submitted pursuant to paragraph (1) to the
Department of General Services for its review.  Within 45 working
days, the Department of General Services shall review the report for
compliance with the above requirements, to provide feedback to the
structural engineer regarding any insufficiencies with the report,
and to determine whether or not the building or facility is in
substantial compliance with the requirements of this article, or
whether any proposed structural modifications will render the
structure in substantial compliance with this article.  If the
Department of General Services does not respond within 45 working
days of the submission of the final and complete report, the
department will be deemed to have concurred with the structural
engineer's report.  If structural modifications are necessary to
achieve substantial compliance with this article, plans shall be
submitted to the department for review and approval.  Construction
shall be completed in compliance with the continuous inspection
requirements of this article.
   (b) (1) No member of the governing board of a community college
district, and no employee of a community college district, shall be
held personally liable for injury to persons or damage to property
resulting from the fact that the governing board of the community
college district purchased a building or facility pursuant to this
subdivision for a school and the building or facility was not
constructed pursuant to the requirements of Section 81130.
   (2) The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district for injury to persons or damage to
property resulting from the fact that the governing board or any
employee of the community college district used a building or
facility pursuant to this subdivision for a school if the building or
facility was not constructed pursuant to the requirements of Section
81130.  The exemption from personal liability for members of the
governing board and employees of a community college district
described in paragraph (1) does not limit the liability of the
community college district, the governing board, or the district's
employees pursuant to Section 835 of the Government Code.
   (3) Section 81144 is not applicable to a person who, pursuant to
this section, purchases a building or facility that meets the
requirements of this section but does not meet the requirements of
Section 81130.  Approval and use of a building or facility pursuant
to this section does not violate this article.
